By Calvin House | Published February 20, 2019 | Posted in Uncategorized | Comments Off on ABC Standard for Determining Employment Relationship Does Not Apply to Labor Code Claims
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ABC Standard for Determining Employment Relationship Does Not Apply to Labor Code Claims
The San Diego division of the Fourth District Court of Appeal has ruled that the ABC test for employment established by the Supreme Court’s Dynamex decision is limited to claims under California’s wage orders. In Garcia v. Border Transportation Group, LLC, Case No. D072521 (10/22/2018), the Court ruled that a plaintiff’s claims for (1) failure to pay overtime under Labor Read More
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Tip Rules Under the FLSA
The Fair Labor Standards Act permits an employer to take a credit against its minimum wage obligation for tips that its employees receive. Recent statutory, regulatory and case law developments make it advisable to review the rules. (Caution: State rules may impose stricter limits than the FLSA does. See Tipping and the Wage and Hour Rules, Read More
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Former Women’s Team Goalkeeper Sues US Soccer for Equal Pay Act Violation
Hope Solo, who was a goalkeeper for the US Women’s National Team from 2000 to 2016, has sued the United States Soccer Federation, the official governing body for the sport of soccer in the United States. Her complaint, filed on August 24, 2018, in the United States District Court for the Northern District of California, charges that U.S. Soccer violated Read More
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How an $80 Mistake Became an $88,410 Mistake
California’s Labor Code is full of technical requirements that can trip up even those employers who are trying to comply with their obligations. And, because of the monetary penalties and attorney’s fees that can be assessed for violations of those technical requirements, the consequences may be out of proportion to the seriousness of the wrongdoing. Read More
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Federal “De Minimis” Doctrine Does Not Apply to Wage Claims under California Law
In Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680 (1946), the U.S. Supreme Court ruled that insubstantial and insignificant amounts of time spent on preliminary work activities could be ignored in calculating whether an employee had worked more than 40 hours in a workweek. The U.S. Department of Labor adopted a regulation codifying this “de Read More
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Federal Court Enjoins Portions of AB 450
AB 450 was part of the “Sanctuary State”measures signed into law by Governor Brown on October 5, 2017. (The other measures were SB 54, restricting the sharing of information by law enforcement agencies, and AB 103, dealing with oversight of detention facilities). AB 450 imposed four restrictions on employers. Unless otherwise provided by federal law, employers: Were prohibited from Read More
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The ABC’s of Employment
The California Supreme Court has handed down an important decision that explains how to distinguish between an employee and an independent contractor, for purposes of enforcing California’s wage orders. In Dynamex Operations West, Inc. v. Superior Court, Case No. S222732 (Apr. 30, 2018), the Court adopted the “ABC” test. That test assumes an individual who does Read More
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Discouraging Employee Departures
Because employers invest money in hiring, training and developing their employees, they would like their employees to remain in their employ. You know how it goes. You spend time and money on recruiting the best candidates. Then, you teach the ones you hire how to do their jobs. Just as the best one of the Read More
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Joint Employer Responsibility for Meal Periods
A recent decision from the California Court of Appeal explains how a staffing agency may satisfy its obligation to its employees to provide meal periods in accordance with the California wage orders. See Serrano v. Aerotek, Inc., Case No. A149187 (1st Dist. Ct. App. 3/9/2018). Aerotek was a staffing agency that placed temporary employees with its Read More
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DOL Abandons 6-Factor Internship Test
The U.S. Department of Labor has updated its fact sheet on internship programs to adopt the “primary beneficiary” test followed by the Second, Sixth, Ninth and Eleventh Circuit Courts of Appeals. It previously used a six-factor text that refused to allow unpaid internships under the Fair Labor Standards Act if the employer derived any immediate advantage from Read More
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